Turn not in safety- collision
I chose option 2 on the ticket, Meet with a prosecutor, and have a meeting scheduled in Feb 2013. My question is should i proceed with the meeting or just move straight to trial and see the outcome. After reading the posts on this forum i am unsure what the prosecutor can do to reduce the charges.? If i do proceed with the meeting, do i mention the officers words to the prosecutor and the fact that the other driver was charged, would this help me in anyway?
Please advise.
Thanks.
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The good news is that because the officer wrote on the report that the other driver failed to stop for a traffic signal (I'm assuming this is the case), your insurance rates shouldn't be impacted and the other driver will be considered 100% at fault, in terms of insurance. (Insurance fault rules and the Highway Traffic Act are two different things.)
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
http://www.OntarioTicket.com OR http://www.OHTA.ca
scion wrote:Thanks for your reply. Just 2 follow up questions: If i cancelled my early resolution meeting and went straight to trial, would i still get a chance to speak with the prosecutor on the trial day?
Yes
I wouldn't worry about this unless your ticket was reduced in the first place.scion wrote:Also, if i lost my case at trial, im still only liable for the cost of the ticket and the demerit points i.e. the charge cannot be upgraded in any way?
In reading the forum it seems that the officer has to show up to court and in doing so, there is very little chance of winning such a charge, since the person turning left is always at fault as per the HTA.
Also, what could possibly be the defense that could result in the charge being dismissed and not plea bargained down to something less?
I also asked him if found guilty at trial, can the fines be upgraded and he said, most of the time they are'nt, however, at times it could be raised to as high as $1000.
Really dissapointed with the outcome, as i was hoping to put this behind me and move on. As i mentioned in my last posting, does anyone have opinions on what the best way to proceed with a Left turn violation defence?
Thanks again.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Also, on the day of trial, if the crown makes a deal and its not contingent on both of us accepting it and I do accept it, does the other driver automatically have his charges dismissed?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Just had a few questions regarding the above
1. Once the deal is taken can the case be reopened on the original charge in the future.
2. Is a withdrawal of charges, same as a finding of not guilty?
3. Is it really true that this amended charge carries no points and is a minor conviction. I was told by the prosecutor that from his experience sometimes it shows up on the driving record sometimes it doesnt.
Thanks again.
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